Annual Progress Report
Download 0.55 Mb.
|
The main Project beneficiary is the Constitutional Chamber. According to the relevant constitutional law, which regulates the CC’s functions, the CC is the highest judiciary authority and independently performs constitutional oversight by way of constitutional legal review. The beneficiary institution is a compact organization, comprised of judges and its secretariat (“the administration”). The names of potential judges are first chosen by the Council on the Selection of Judges, and are then submitted to the President, who forwards the nominations to the Parliament. The Parliament then elects judges from these nominations at its plenary session. At present, there are eight judges and three vacant seats. The Project was able to establish reliable relations with the beneficiary institution and to ensure that the judges of the CC and its staff had a strong sense of ownership in its processes. We strive to foster competent and honest relations with beneficiary agencies, share information, demonstrate best practices, and diplomatically and respectfully discuss any problematic issues. The beneficiary sees the EU and UNDP as trustworthy partners who provide high-quality expertise, consultancy, and organizational support. We also managed to establish good partnerships with various CC departments and all judges. The CC is actively participating in all aspects of the Project, including its planning and the direct implementation of activities, contributing to the dissemination of results and the further spreading of knowledge. Ownership by the CC is one of the factors contributing to the success of the Project’s implementation; indeed, without the beneficiary’s own motivation and support, it would not be possible to achieve good results. All these facts were confirmed in the mid-term evaluation’s findings, which were based on collected evidence.
In general, the relations with other state institutions have been positive. Maintaining such relations has always been strength of UNDP, and we have taken advantage of it. UNDP managed to establish good cooperation with various governmental institutions, as well as with non-governmental stakeholders in the Kyrgyz Republic. UNDP had established reliable links based on previous beneficial cooperation with the Parliament, the Office of the President, the Government, the Procuracy, the Ministry of Justice, the Judicial Department, the National Statistical Committee, and other entities. It is also worth mentioning that good relationships between the current Project and the Parliament, Ministry of Justice, and President’s Office stems from long-term cooperation between EU and UNDP and between USAID and UNDP, as well as the success of the joint EU UNDP Parliament/Constitutional Reform Project implemented in 2007-2010, the New Legal Framework Project implemented in 2010-2012, and the Budget Transparency Project implemented in 2012-2014. All these connections forged earlier proved to be useful for the current Project as well, for example by helping us gain parliamentary support for various bills. The Government and the Ministry of Finance provided methodological support in the formulation of the first programmatic budget of the judicial system also, and the Office of the Government of the Kyrgyz Republic assisted in included provisions related to the enforcement of decisions of the Chamber, as well as with a large package of bills related to the judicial system which are currently in process. Indeed, all of these institutions actively participate in the Project’s interventions and make meaningful contributions. There are a couple of positive examples of decisions made by the CC actually being executed, with the Parliament and the Government having revised their activities and changing normative and legal acts in line with such decisions. The Project helps these organs to understand the role and the functions of the Chamber, and highlights how they should respond to the decisions of the CC and how the decisions should be implemented. This advice produces results: it helps fill the existing information gap and gradually changes the perceptions and practices of all parties. At the same time, the political difficulties faced by the Project should not be overlooked. Among these difficulties are those related to the CC’s review of the decrees adopted by the provisional government in 2010, which dealt with the separation of powers, competencies of various institutions, and branches of power, nationalization, etc. These are very delicate issues in the Kyrgyz context, as they are related to the powerful interests. Regrettably, these issues have not yet been settled, and the country still sees a struggle between powers. Occasionally, they disapprove of the decisions pronounced by the Chamber; in fact, there were cases when the President, its Administration, some key members of the Parliament, and the Office of the Prosecution took a very negative stance in respect of the decisions of the Chamber, urging not be abided by. Sometimes, they even try to intimidate the institution, calling it a “detrimental agency”, which, as they say, does not protect the interests of those “who gave their lives for the revolution of 2010” (the so called “revolutionaries”). These kinds of attacks, which have been made on several occasions, have resulted in the suspension of the CC’s regular activities, with the CC attempting to withdraw from the public eye altogether. It also suspended all the joint activities with the Project at a point until the tension eased. In such situations, neutral support and advocacy on behalf of the Project were also of relevance. They helped relieve the tension, assisted in getting necessary advice, and mobilized support from civil society, prominent social and political actors, and experts.
The Project developed many constructive and successful cases of interaction and synergy with other organizations. We are quite aware of the fact that such important and sensitive projects cannot be implemented alone. Such synergy is also of importance for our beneficiary, the CC, as it helps to create a more favourable environment for its own activities, making sure that it is not isolated without support from civil society, representatives of legal professions, the media, and donors. Knowing these benefits, the Project actively cooperated with various institutions and donor projects which have the same goals, objectives, and values, sharing with them our information, resources, and responsibility. Several well-known lawyers, constitutional experts, NGOs, human right defenders, university sub-departments, media organizations, and journalists have been involved in Project activities, including the NGOs Precedent, Institute for Public Analysis, Civic Monitoring Over Judiciary Reform, Our Right, Kyz Aiym, Coalition for Democracy and Civil Society, Bars, Association of lawyers, Association of Civil Society Support Centers, and others. The Project is closely cooperating with the editors in chief and journalists from different media organizations. We also have normal contractual relationships with partners and sub-contractors helping to implement the Project.
other actions. The Project considers its Project actions as an integral part of a holistic process of democratic transition, good governance, and the rule of law in the Kyrgyz Republic. As such, it establishes effective linkages with other projects and programs carried out by international donors and organizations, such as the Venice Commission of the Council of Europe, the IDLO/USAID project providing support to judiciary system, the new GIZ/EU initiative on RoL, the Soros Foundation Legal Programme, OHCHR programs, OSCE, UNODC, the Office for Promotion of Parliamentary Democracy of the European Parliament, PACE Rapporteur to Kyrgyzstan, etc. The Project is part of the RoL DPCC, is coordinating its work with other partners' initiatives, and periodically provides information to DPCC members. We are also cooperating and coordinating activities with other UNDP RoL Projects implemented in the Kyrgyz Republic (for example, with the projects “Widening Access to Justice for Legal Empowerment in the Kyrgyz Republic” funded by the Finnish Government and “Enhancing the RoL and its implementation in the Kyrgyz Republic” funded by BCPR), as well as with UN Peace Building Fund projects, and those with Democratic Governance, Environment, and Social and Economic Development. All of these partnerships have proved to be mutually beneficial. We especially want to mention the Project’s cooperation with the funding organization, the European Union. Reliable working relations with the EU Delegation in Bishkek that were created through previous endeavours have been maintained and have helped in the implementation of this particularly challenging Project. We enjoy the support from the EU Ambassador to the Kyrgyz Republic, the EU Project Manager, and other EU Project Managers. Despite their already heavy workload, they always find time to discuss Project issues and provide timely feedback and consultations. They also participate in different Project actions and professionally ensure EU’s representation, share information on the EU and its strategy for Central Asia, the European Parliament, and the Council of Europe.
The current Project builds on previous cooperation and EU grants and, to a certain extent, strengthens the same target group, complements previous actions, and raises them to higher levels. The following EU grants were previously received: 2007 - Support to improved transparency in the decision-making process, and institutional strengthening of the Kyrgyz Parliament (a six-months Project running from February 14 to August 14, 2007 and funded by IfS in the amount of EUR 500,000) The Project enhanced transparency in decision-making in the Parliament, improved its law-making and outreach capacities, designed a website, and established an electronic database of bills (a bills tracking system), which are in use by the Parliament and the country still. The database is accessible to members of the Parliament, the parliamentary staff, the Government, and citizens. A more reliable electronic voting system in the Parliament was created as well, and is also still utilized. 2008-2010 - Support to the Constitutional and Parliamentary Reforms in Kyrgyzstan (a 24-month Project) This EU-funded Project was implemented in August 2008 and ended in August 2010. Its main focus was on parliamentary law-making, oversight, and outreach. The Project established many long-lasting products and results, including the establishment of an electronic document exchange (EDE) system in the Parliament, the conduct of an orientation training for 87 MPs, and the creation of the Parliamentary radio. All of the results of these efforts are used by the Parliament. Many the MPs who benefited from the training mentioned here became real decision-makers in different areas. After the April 2010 events and severe ethnic conflict, the Project had to re-shape its activities, though the objective of the Project remained the same. Available funds were re-oriented to support Constitutional reforms which resulted in the drafting of a good constitution for the parliamentary republic and in transparency and openness of the constitutional process. Informed choice of the people during the referendum of 2010 was ensured. The Constitution adopted by popular referendum is still valid. It has been sustained for almost five years, which is a record for the Kyrgyz Republic; all previous Constitutions operated for no longer than two or three years and were frequently amended. 2010-2012 - Institutional support to implementation of a New Legal Framework in the Kyrgyz Republic (an 18-month project) This EU technical assistance provided institutional, legal, and financial support to the main actors implementing the reform program linked to the development of the new legal framework. Three specific objectives were within the action: aligning legislation with the Constitution; increasing the efficiency of state oversight to ensure greater accountability; and reinforcing and modernizing institutional capacities of selected institutions – the Ministry of Justice, the Parliament, the Chamber of Accounts (CoA), the Ombudsman, and eventually Civil Society institutions. The Project added efficiency and speed to the beneficiary agencies’ operations, helped them to professionally address challenges facing the country to re-gain popular trust in the state, which had decreased in the years previous, and positively contributed to stability. The Project helped the Parliament and the Ministry to draft and amend 37 bills and strategic documents in line with Constitution. These documents included laws on the three branches of power (judiciary, executive and legislature) and their interaction, local self-governments, the electoral system, and other matters. Thirty-four of these bills were adopted by the Kyrgyz Parliament. These laws laid the foundation for deep political and structural changes in the country. They helped shape the roles of recently established institutions, ensured new content and forms, provided better clarity in their activity, and guaranteed checks and balances and the principles of the rule of law.
How is the visibility of the EU contribution being ensured in the Action? The visibility of the Project activity and the EU contributions was ensured in accordance with the EU Visibility guidelines, which have always been taken into account and properly respected within the framework of the Project. The key partners of the Project are aware of the role and contributions of the EU and UNDP. They are also duly informed about the goals and objectives of the Project, as well as the methods and tools to support processes and activities within the intended mission. In their introductory speeches, they make reference to the participation of the Project, to the EU as its funding organization, and to UNDP as implementing partner. To ensure donor visibility in the events, desk flags of the EU, UNDP, and the Kyrgyz Republic are displayed. The Project also has designed special presentation products which include notepads, a handouts template, and banners bearing logos of the EU, UNDP, the Project title, as well as titles reflecting the involvement and the role of other donors. These products are regularly caught by television cameramen filming functions. When events are organized in partnership with the VC, the logo of Council of Europe and VC are also displayed. There is a sufficient level of recognisability and awareness of the Project in the beneficiary institution, the Parliament, and the President’s Office, NGO circles, legal professions, and the donor community. The partners value greatly the interventions of the EU and UNDP, and during joint event presentations they typically highlight the positive role played by the EU and UNDP in supporting the CC and judiciary reforms in the Kyrgyz Republic. All printed materials, publications, software, and video products manufactured with the support of the Project have a clear indication of the EU and UNDP contributions, as well as the copyright notice. Press releases, information materials, and articles contain information on the Project and the donor. Many of these “visibility items” developed by the Project are currently being used by the beneficiaries, NGOs, stakeholders, and partner donor institutions. In 2014, contributions to better visibility were made by high-ranking officials of the EU and UNDP, among them the EU Ambassador to the Kyrgyz Republic Mr. Cesare de Montis, the UNDP Permanent Representative in the Kyrgyz Republic Mr. Alexander Avanessov, the Deputy UNDP Resident Representative Mr. Pradeep Sharma, and the Director of the Secretariat of the VC of the Council of Europe Mr. Thomas Markert. They traditionally mention the Project and its inputs during their meetings with the political leadership of the Kyrgyz Republic, including meetings with the President, the Speaker, and the Prime Minister. This support has always been useful, as it raises the status of events and more vividly demonstrated the inputs from donors. The European Commission may wish to publicize the results of Actions. Do you have any objection to this report being published on the Europe Aid website? If so, please state your objections here. There are no objections. Name of the contact person for the Action:
Representative in the Kyrgyz Republic……………………………………………………………… Signature: …………………………………………………….……………………………………… Location: Bishkek, Kyrgyz Republic ………………………..……………………………………… Date report due: February 2015……………………..………… Date report sent: February 2015……………………………. Prepared by UNDP: Gulmira Mamatkerimova, Programme Advisor/Project Manager Supported by team of motivated and capable project experts and specialists: Irina Letova, Judiciary Expert Kurmanbek Turdaliev, Parliamentary Expert; Azamat Egizbaev, IT Expert Karybek Djigitekov, Legal Expert Elnura Turgunbekova, Budget Expert Olga Petrova, Project Finance Assistant Altynai Akmatova, Media Expert 1 The Chairman of the Constitutional Council of 2010, head of its sections on fundamental rights and system of check and balances between the President, the Parliament, the Government; at present, also the leader of the Ata-Meken parliamentary faction and the so called “father of the Constitution” 2 Head of the Secretariat of the Constitutional Council of 2010, and currently the Head of the Office of the President 3 Member of the Constitutional Council of 2010 4 Member of the Constitutional Council of 2010, and now the head of “Precedent” partner group 5 As later became clear, the Council for the Selection of Judges announced a competition for the vacant positions of judges of the CC. Deadline - February 10, 2015 6 Judges, members of the Council of Judges, mid-rank leaders, judicial experts, and financial specialists 7 An “amicus curiae”, a Latin term literally meaning “friend of the court”, is someone who is not a party in a case before a court, but who offers pertinent, unsolicited information or advice. They are resources used in many countries’ legal systems, and their advice may take the form of a written legal opinion, testimony, or learned treatise (an “amicus brief”) to introduce concerns, assist the court by expounding the law impartially, or, if one of the parties is unrepresented, advance legal arguments on that party’s behalf. Where a case may have implications beyond the parties immediately involved, amicus curiae briefs are a standard manner for introducing outside concerns, as they function to ensure that the possibly broad legal effects of court decisions will not depend solely on the parties directly involved in that case. Amicus curiae organizations frequently submit briefs to advocate for or against a particular legal position or interpretation. For example, if a decision on a matter before a court could affect an entire sector or a large section of society, organizations other than the litigants may wish to have their concerns heard, and therefore choose to submit an amicus brief. Amicus curiae often present an academic perspective on the case, as well; if a law gives deference to a history of legislation on a certain topic, for example, a historian evaluates and critiques the claim on the basis of their specialized historical expertise. An economist, statistician, or sociologist may similarly choose to do the same as amicus curiae when courts are considering topics for which they have particular, and potentially beneficial, knowledge of. In general, while presenting their analyses, the amicus curiae help the courts in determining their positions with the benefit of authoritative, consultative, and intellectual support. In addition, amicus curiae typically conduct awareness campaigns on the issues they are concerned about, thereby helping to strengthen the rule of law, improving the public’s understanding and appreciation of legal issues, and creating a more favorable environment for the operation of the Chamber. 8 Since this event is duplicated with activity 1.6, it is recommended that the two events be combined into one. It is also recommended that appropriate adjustments be made to the project work plan and for the EU to be informed. 9 This issue will probably become relevant in 2015 within the framework of reviewing the existing ethical code of the entire judicial system and development of the communication strategy. 10 There was no possibility to conduct the tender earlier, as the creation of the conference system depended on the completion of the electronic document exchange program, implemented by the IDLO/ISAID project on the judicial system. 11 The first WCCJ was conducted in January 2009 jointly with the Constitutional Court of South Africa and the VC (as an advisory body on constitutional matters and secretariat of the world conference). The second conference was conducted in cooperation with the Supreme Federal Court of Brazil in January 2011, and the draft statute of the World Conference was made more specific on that occasion. This draft statute was adopted at a meeting of the Bureau of the World Conference in May 2011, and came into force in September the same year, finally taking shape as a permanent body. The Conference in Seoul was also referred to as the ‘inaugural’ Congress, being the first gathering since the World Conference officially became a permanent body. In its initial stage in 2011, the World Conference had only 30 constitutional courts/councils and supreme courts as members. But within three years, the membership increased dramatically with representation of 91 countries (as of August 2014); its members have engaged in active exchange and cooperation since, which has developed the World Conference into the world's highest-level forum on constitutional justice – in the true sense of the term. The participants of the Congress were the highest-level officials with great influence over decision-making in their own countries. It had a total of 306 participants. 12 This plan will cover the financial period between the interim report and the next report. Directory: docs -> pdc -> Documents docs -> United Nations E/C. 12/Esp/5 docs -> 9th May 1950 the schuman declaration docs -> Getting To Outcomes® in Services for Homeless Veterans 10 Steps for Achieving Accountability Documents -> United Nations Development Programme Country: Maldives Project Document Documents -> United Nations Development Programme Country: Solomon Islands Project Document Documents -> 2015 Progress Report Award 50457 – Strategic Ecosystems and Biodiversity protected through the implementation of Economic Valuation methodologies, payment of environmental services and adoption of new technologies as of December 2015 Documents -> United nations development programme Documents -> Project document (pims 3600) United Nations Development Programme Global Environment Facility Ministry of Environment Documents -> Final report. Dipecho project Documents -> United Nations Development Programme Country: Regional project document1 Download 0.55 Mb. Share with your friends:
|